ALASKA DEPARTMENT OF NATURAL RESOURCES
Division of Mining, Land and Water
Notice of Preliminary Decision on Request for Consent to an Environmental Covenant
ADL 234436 - Rio Tinto Closure

In accordance with AS 38.05.035 & AS 38.05.020, the Division of Mining, Land and Water (DMLW) has issued a preliminary decision to approve Rio Tinto Closure’s (“Applicant”) application for restricted use and DNR consent to environmental covenants. This preliminary decision recommends consenting to the placement of an environmental covenant on 389.4 acres more or less, of the DNR lands, as both grantor and grantee. The environmental covenant would restrict uses that could disturb contamination that will remain in submerged sediments.

The public is invited to comment on this preliminary decision. Written comments must be received by DNR no later than 5:00 p.m. on December 18, 2024. All comments must be submitted to: DNR, Division of Mining, Land and Water, Statewide Abatement of Impaired Land Section by mail at 550 W 7^th Ave., Ste 640 Anchorage, AK 99501, or by electronic mail to aaron.timian@alaska.gov, in order to ensure consideration. Please include your mailing address and telephone contact.  In order to establish reconsideration rights regarding this decision, you are required by law to meaningfully participate in the decision process by commenting on the decision, in writing, prior to the comment deadline. Following the deadline, all timely written comments will be considered, and DNR may modify this decision based on public comments received.

The names of commenters and comments received will be part of the public record.

If DNR determines that public comments in response to this notice indicate the need for significant changes to the decision, additional public notice will be given. If no significant changes are required, the preliminary decision, after any necessary minor changes, will be issued as a final decision. A copy of the final decision, along with instructions on filing a reconsideration, will be sent to all persons who comment on the preliminary decision. Persons who do not submit written comments during the comment period will have no legal right to request reconsideration of the final decision.

The Division of Mining, Land and Water reserves the right to waive technical defects in this publication.